PART V - SECTION I
Generalization
Article (72)
The use of trademark or industrial mark is optional. Exceptionally and by a ministerial decision, it can be made obligatory in respect to the products which the decision defines.
Article (73)
The following are considered as Industrial or Commercial Marks: differentiated names, denominations, emblems, marks, stamps, seals, differentiated drawings, reliefs, letters, figures, envelopes and all the statements which indicate the origin of goods as well as any other signs which distinguish the industrial, agricultural, mining and commercial goods.
Article (74)
(Amended by the decree of 22 August 1949 AD corresponding to 20 Rajab 1309 AH)
Corporate bodies and the groups which are not inconsistent with the laws of the Empire can obtain industrial mark or collective commercial mark protection despite the fact that they do not own an industrial or commercial establishment. The members of the aforementioned groups have the right to put the collective mark on their industrial products or enterprises or their commercial goods.
Article (75)
(Amended by the decree of 19 March, 1957 AD corresponding to 17 Shaaban, 1376 AH., the first article)
A mark shall not be filed or given to the emblem of the country, a member of the royal family, the Moroccan national decoration or the foreign decorations, all the emblems of a national appearance, Moroccan foreign metal coins or bank notes and the designs and the words which are contrary to the public order and morality.
Article (76)
(The first & second paragraphs are amended by the decree of 19 March 1957 AD corresponding to 17 Shaaban, 1376 AH, the first article). Without the agreement to the competent authorities, it shall not be allowed to use the emblem of the country, a member of the Royal Family emblems and decoration in general. Also, using the marks and the official seals of censorship, and the authorized guarantees in Morocco or any of the countries of the International Federation is considered contrary to public order according to the provisions of
Article 75.
Whereas, the following marks shall not be deemed contrary to public order, by the agreement of the competent authorities or a member of the Royal Family, they shall bear the emblems of the country, emblems, decorations and public banners. The mark shall not be deemed contrary to public order if it is not in agreement with the trade law provisions in the countries of origin unless these provisions are concerning public order.
Article (77)
The nature of the products or the goods designated for the mark shall not constitute any barrier in respect of filing and the validity of the mark.
Article (78)
Each industrial or trademark registered regularly abroad, in the country of origin or the countries of the International Federation, its filing and protection will be adopted as is the case in the French Area of the Empire.
The following shall be canceled:
1. The marks which shall harm, by its nature, persons in the French Area of the Empire.
2. Marks of no distinctive feature or those which consist of marks or signs which serve in trade or made to indicate a class, type, quantity, direction, value, the products place of region, the date of the product or putting them in use according to the laws or the fair and constant habits of trade which are peculiar to the French Area of the Empire. When submitting the distinguished pattern of the mark, the conditions of producing it and mainly the validity for use shall be taken into consideration.
3. (Amended by the decree of 24 August, 1940 AD, corresponding to 20 Rajab, 1359 AH). Marks which are contrary to morals and public order and mainly those which by their nature deceive people.
4. Marks which include copying, imitation or translation or which may be mistaken for other marks known to be owned by persons using them for similar or identical products.
Article (79)
The place of the depositor's main establishment is considered the country of origin. If this main establishment does not exist in any of the countries of the International Federation, the depositor's country is considered the country of origin. The similarity between the competing marks which are capable of misleading the consumer who does not find ways for comparison is considered a deceitful imitation for the industrial mark since this similarity does not exist by chance. (The Court of First Instance, Al-Dar Al-Baida'a 21 May, 1942 Al-Maghrib Court 28 November 1942, P 202).
- There shall not be any forgery or deceitful imitation in case of the clear difference between two contradictory marks.
- If a person has a right to use his name on the industrial mark, he shall be obliged to use it in a way which causes no ambiguity with a mark known by the same name and has an international fame.
- Where these precautions are not considered, competition shall be considered illegal and shall cause loss and harm. A decision will be issued concerning the seizure of the illegal competition measures. The same decision can renew a group of measures directed to prevent misleading.
(Rabat 3 June, 1947. Al - Maghrib Court, 10 July, 1946 page 115 under M.Bonan decision)
The cancellation of an industrial mark at the Industrial Property Center shall not affect the applicant's case who is asking for the ownership of this mark. The date of the session after more than 15 days from date of seizure shall not make the case reflected, Mostly the seizure becomes groundless but any other evidences in favour of the case are considered effective.
The protection given to a foreign mark filed regularly in Morocco is independent from that of the country of origin. (If a product is used in the combination of one of the drinks, the name of this product is legally entered in the denomination otherwise, a wrong sign will be considered in its combination).
(Rabat 5 June, 1954,. Al-Maghrib Court 25 July, 1954 P.141 )
Any person shall have the right to prevent his design from being used as an industrial mark Similarity should also be clear so as not to lead to misleading.
(Rabat 23 January, 1957, Al-Maghrib Court, 25 December, 1957 page 146. Supporting the decision of Al - Dar Al -Biada'a, unknown date)
In respect of forgery of deceitful interpretation, violation occurs when imitation is used to create ambiguity with the original mark in the purchaser's mind who is of average cleverness and culture. On the other side, similarity shall be considered of great importance than that of the difference which intentionally the imitator leaves to escape from the legal prosecution.
(Al-Dar Al-Biada'a, 15 May, 1961, Al -Maghrib Court 10 July 1961 Page 77)
Part V - Section II
Priority For Use, Duration, Procedure, Taxes
Article (80)
Any person shall not be entitled to ask for special ownership of any mark if he does not file his trademark with the Moroccan industrial property office according to the conditions hereafter.
Article (81)
If the mark filing does not exist, the priority for using this mark shall not be considered without the existence of documentary evidence. This means typed letters or recent documents for such purpose.
Article (82)
When using publicly, regularly and continuously a distinctive mark in Morocco or abroad within at least five years without the existence of any known case, it is impossible to deny the exclusive property of the mark for the first depositor. But if the use is proved when filing, the depositor can not deny the mark of the person who has right for the first use.
The person who proves, according to the conditions stipulated in this Article, the previous and continuous user of the filed and distinctive mark shall be able to continue in using it for ten years from the date of its registration and shall have the right to claim on bases of illegality and prevent competition.
Part V - Section III
Priority For Use, Duration, Procedure, Taxes
Article (83)
The validity period for filing is twenty years. The mark can be kept valid for another twenty years by a new filing capable for renewal to unlimited time. In the case of transferring the establishment of the mark only or without the establishment fame, the transference of the mark shall be according to the conditions of the regular decision dictated in Article 87 of this law. This transference is effective for twenty years.
Article (84)
(Amended by the decree of 24 August, 1940 AD corresponding to 20 Rajab, 1359AH.)
Upon the request to the Public Prosecution, if there is no real use for the mark, registration shall be canceled if the applicant does not prove the reasons for not using the mark:
- If the owner uses the mark in a different way without affecting his special peculiarity, this shall not lead to its cancellation.
- Simultaneous use of the mark on similar products by industrial or commercial establishments which own the mark shall not lead to the prohibition of its registration provided that this use will not lead to misleading and is not contrary to morality and public order.
Article (85)
Filing includes:
1. An application to the French Public Prosecutor residing in Morocco (Agricultural and Commercial Directress, Commercial Studies Office )
2. Two copies of the mark form
3. The mark cliché.
4. For marks which were registered previously outside and which are the topic of the aforesaid Article 78, there shall be a regular certificate in the country of origin granted by the competent authorities.
Article (86)
Filing and transferring the marks of each class from the meant products and goods shall lead the mark to taxes which aim at converging the expenses resulting from applying this law. The dictated organizational decision in Article 87 defines the value and the conditions for paying these taxes to Moroccan Permanent Secretariat Office for the Industrial Property in return for its services in this respect.
Article (87)
The Prime Minister's decision defines the necessary measures required for the execution of this law mainly the observed procedures in filing, announcing and transferring the industrial trademark, the conditions for submitting the filing to the concerned people, the observed procedures for rejecting filing applications for illegal marks which shall be executed by reliable decisions, taxes value which depend on filing and the transference of the mark, and the way of obtaining it as well as the conditions for submitting the bill to the depositors.
Article (87) - Bis
The following are prohibited:
Entry, depositing, temporary entry, transit, dealing with all the imported products natural or artificial which bears on the cover, boxes, parcels, envelops, wrappings or labels, etc., any industrial or trademark, name, sign, stamp, poster, address or any thing for decoration includes copying, figures, songs and different prohibited emblems according to Article 75.
Article (88)
The commercial name enjoys the protection apart from being included within a trade or industrial mark. (Paragraph 2, was canceled according to Article 30, the beginning of September, 1926 corresponding to 22 Safar, 1345 H., indicates the necessity of registering the merchants and the commercial establishments in the commercial register).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Abu-Ghazaleh Intellectual Property Bulletins
For further information you make also like to view the Intellectual Property Bulletins published monthly by The Abu-Ghazaleh Group.
